CORRESPONDENCE - 75A - Laserfiche WebLink

Home Browse Search

Santa Ana City Council February 16, 2018 Page 3 Further; granting the parking variance would be detrimental to the health and general welfare of persons residing and working in the vicinity, as it would prevent relatives from visiting residents of Hollybrook resulting in negative health implications, and it would harm local businesses whose patrons rely on currently available public parking. 4. The record does support a fair argument that the Hotel Project would have significant indirect impacts stemming from the parking shortage In our comment letter dated December 7, 2017, we previously explained that the loss of parking, combined with the inadequate amount of parking that the Hotel Project would provide, will cause significant indirect and secondary traffic impacts associated with motorists driving on local streets looking for parking spaces. This is supported by countless testimony in the record from local citizens and business owners. It is also supported by the Planning Commission's comments on the Mitigation Negative Declaration ("MND"), including that it was "inadequate" and "not supported by the evidence presented." Staff have provided no response to these concerns. If the record supports a fair argument that a project will result in significant environmental impacts, the required remedy is to order preparation of an EIR. (Communities for a Better Environment v. South Coast Air Quality Management Dist. (2010) 48CalAth 310, 319-20.) "[D]eference to the agency's determination is not appropriate and its decision not to require an EIR can be upheld only when there is no credible evidence to the contrary." (Id., [emphasis added].) The public testimony in the record, especially when combined with the Planning Commission's denial, is credible evidence of a fair argument that the Hotel Project will have significant impacts, and therefore an MND is not warranted. 5. The City Council should simply require the applicant provide more parking Hollybrook is not opposed to the Hotel Project in principle and appreciates the City's financial realities and needs. But. the City must balance those needs with the needs of its citizens. Your residents and business owners have been clear that without additional parking, at least to code requirements, the Hotel Project will significantly impact them and their businesses. The Council should simply require the applicant provide more parking. We appreciate your consideration. Very truly yours, Edward J. Casey EJC/dtc cc: City Attorney Sonia R. Carvalho, by email at sonia.carvalho@bbldaw.com